Personal Injury Lawsuit Texas. In the event that you have ever been involved in an accident that was someone else’s fault and you also ended up suffering any kind of a serious injury, chances are you may be thinking about filing a personal injury lawsuit. Generally defined, this is a type of lawsuit that is able to provide you with all of the compensation that you need for the following:
Paying for your medical bills
Making up for any lost income
Those who become injured oftentimes are unsure regarding the process involved with filing a lawsuit, as well as how long it can take. Here are the steps involved with the basic process of a personal injury lawsuit.
*The first step involves consulting with an attorney who is experienced in this type of law, which is typically free. The consultation will last approximately 30 to 60 minutes in length and during this time, the attorney will take the time to review all of the facts involving your specific case before then letting you know what all of your legal options are. As part of the consultation, you will want to bring as much documentation with you as possible, such as medical bills, x-rays, photos, and police reports. These are items that will assist the attorney determine whether or not you have a claim that is valid. At the conclusion of the consultation, the attorney will be able to let you know if they can represent you.
*The next step involves investigating your claim. Once you and your attorney have come to an agreement to work together, they will immediately start on your case, and even though there may have already been an investigation into the incident in question, your attorney will start their own investigation. This will involve them reaching out to anyone and everyone who was involved in the accident before then requesting statements. They will then talk to witnesses who saw the accident occur before then collecting accident reports. Additionally, they may also reach out to accident reconstruction experts in order to further help them determine what occurred.
*Next up is documenting all damages. When it comes to personal injury lawsuits, damages are defined as losses that you incurred thanks to the accident itself. If there are no losses, then there is no case. In the event that you ask for too little in damages, the chances are great that you may end up paying out of pocket for injuries and losses that you aren’t actually responsible for. On the other hand, if you ask for too much, this may be held against you by either the judge or the insurance company. Your attorney will work to collect invoices and medical bills, as well as pay stubs to show how much you lost in terms of employment wages in order to determine the actual damages that you have incurred.
*Up next is filing the lawsuit itself. Prior to this, your attorney will officially notify the defendant and, if necessary, their insurance company regarding your claim. This is when they will attempt to reach a settlement, which will then lead into each side entering negotiations in which both sides will present number that they are comfortable with before then either accepting or rejecting the offer. Many personal injury lawsuits are settles at this point, which is typically to the advantage of the injured party. Those who are hurt will receive their compensation sooner thanks to a settlement. On the other hand, there are often instances in which both sides are not able to reach an agreement, and in this case, it will be better to take the case to trial. Even if a lawsuit is filed, there will still be another chance for you to settle.
*Next is the discovery process, which is considered to be one of the longest periods of any trial as I can last for weeks, months, or years. This process involves attorneys for both sides exchanging documentation, information, and facts regarding the case. The main purpose of this process is to permit both sides to come to a better understanding regarding the facts and arguments that will be used against them in order to ensure that there will be no surprises during the trial.
*Mediation is the next step, which involves both parties meeting with a mediator in order to try and reach a settlement. It’s important to note that while mediators are experienced in helping to resolve disputes, they legally cannot offer legal advice or order any kind of a final judgment.
*Up next is settlement. In the event that you have a large amount of evidence that implicates that party who is at fault, chances are they may be more than willing to settle. However, if the other party has evidence showing that you were partially liable for what happened, you may end up being willing to settle for a lower amount of money. If a settlement is reached, you may be asked to sign a release indicating that the case has been settled and is final, meaning you will not be able to go back later on and request additional compensation in the future.
*Personal Injury Lawsuit Texas. The final step is the trial. In the event that mediation does not work and both sides are unable to come to a fair settlement, the case will then go to trial, where it will be heard by either a jury or judge. Once both sides have presented their arguments, the jury or judge will then make a determination regarding who is at fault. If they end up deciding in your favor, they will also make a determination regarding how much compensation you can receive.